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Judgment
Sharad Kumar Sharma, J
Respondent no. 3 is represented through Shri T.P.S.Takuli.
Heard learned counsel for the parties.
The petitioners has prayed for quashing of the FIR, which has been registered against them for their alleged involvement in the commission of the
offence under Section 420 IPC, which has been registered against them as FIR No.023/2021, dated 20.01.2021. Looking to the nature of the
allegations, particularly, the transaction, which has taken inter se between them on the basis of unregistered agreement with regard to the exchange of
property, for which, certain consideration has already exchanged hands. Apart from that, during the course of argument it was revealed that there is
also a Civil Suit correspondence between the parties, which is still pending consideration.
Be that as it may, looking to the nature of offence, particularly, since it contains a civil dispute, the petitioner would be entitled for the protection to
be granted to them in the light of ratio laid down by the Hon’ble Apex Court in judgment of Arnesh Kumar vs. State of Bihar and another, as
reported in (2014) 8 SCC 27.
This writ petition is being disposed of with the direction to respondent no.2 that no coercive action would be taken as against the petitioners in
pursuance to the aforesaid FIR, subject to the condition that they extend full cooperation in the investigation which is to be carried out by respondent
no.2. However, it is made clear that if there is any dereliction on the part of the petitioners in extending cooperation in the investigation to be carried
by respondent no.2 for the aforesaid offence, it would be open for him to proceed in accordance with law.
With the aforesaid observation, the writ petition stands disposed of.
All the pending applications also stand disposed of.